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| Re: Man arrested, charged with hate crime(Re: Man wanted for tirade on LIRR) (1476378) | |||
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Re: Man arrested, charged with hate crime(Re: Man wanted for tirade on LIRR) |
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Posted by BusMgr on Fri May 25 14:54:18 2018, in response to Re: Man arrested, charged with hate crime(Re: Man wanted for tirade on LIRR), posted by JayZeeBMT on Fri May 25 08:27:23 2018. The reason for wanting to see the entire video is that what was available is insufficient to conclude that the man shown, however rude he might have been, did not do anything unlawful. The crimes charged, menacing in an unspecified degree (see Penal Law §§ 120.13, 120.14, 120.15, and aggravated harassment in the second degree (see Penal Law § 240.30), both require a threat of physical harm. In the available video, the man is shown giving his opinion as to the character and the legitimacy of the other passengers (referring to them as "monkeys" and as having unknown parentage), all of which is protected (even though offensive) speech. It is not a crime to hate someone. The linked report did state that the man said, "I’ll smack the [expletive] out of you," which could be construed as a physical threat. However, I would want to see the full context to determine if it were, in fact, a legitimate threat of physical harm, or if were mere smack talk that no reasonable person would believe to be an actual physical threat. The desire to see the full video here has nothing to do with the color of either party to the incident, but rather a desire to decide based on the facts and the law rather than emotion alone. |
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